Government Contract Bid Protest - Delaware

PROTEST OF SOLICITATION / AWARD

State of Delaware

Before the Office of Management and Budget / Government Support Services

CASE CAPTION

BEFORE THE OFFICE OF MANAGEMENT AND BUDGET
GOVERNMENT SUPPORT SERVICES
STATE OF DELAWARE

In the Matter of the Protest of:

Protester: [________________________________]

Concerning:

Solicitation/Contract No.: [________________________________]

Issuing Agency: [________________________________]

Protest No. (if assigned): [________________________________]

Date Filed: [__/__/____]

PROTEST, REQUEST FOR STAY OF AWARD, AND CLAIM FOR COSTS

TABLE OF CONTENTS

1. Introduction and Jurisdictional Statement
2. Parties
3. Timeliness of Protest
4. Statement of Relevant Facts
5. Grounds of Protest
6. Legal Argument
7. Request for Stay of Award/Performance
8. Requested Remedies
9. Representations and Certifications
10. Exhibits
11. Certificate of Service
12. Signature Block

I. INTRODUCTION AND JURISDICTIONAL STATEMENT

1. This Protest is filed pursuant to the Delaware Procurement Code, 29 Del. C. Chapter 69, and the contracting standard operating procedures ("SOPs") established by Government Support Services ("GSS") within the Office of Management and Budget ("OMB").

2. Under 29 Del. C. § 6902(28), the statutory “Section” is Government Support Services (GSS) within OMB. Section 6911 assigns GSS central-contract functions, including bid preparation, advertising, award, and resolution of vendor-agency disagreements. This Protest invokes the procedures applicable to the identified solicitation; confirm the current GSS SOP and the responsible decision maker.

3. Under 29 Del. C. § 6901, the Code aims to improve purchasing value and coordinate agencies' procurement needs with Government Support Services requirements while providing fair and equitable treatment in the procurement process.

4. This Protest concerns Solicitation/Contract No. [________________________________] (the "Solicitation"), issued by [________________________________] (the "Agency") for [________________________________] (brief description of procurement).

II. PARTIES

A. Protester

Legal Name: [________________________________]

Entity Type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Sole Proprietorship ☐ Other: [____]

State of Organization: [________________________________]

Principal Business Address: [________________________________]

City, State, ZIP: [________________________________]

Delaware Business License No.: [________________________________]

Authorized Representative: [________________________________]

Title: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

B. Contracting Agency

Agency Name: [________________________________]

Procurement Contact: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

C. Government Support Services (if centrally managed procurement)

GSS Contact: [________________________________]

GSS Contracting office: 600 A South Bay Road, Dover, DE 19901. Confirm the solicitation's designated protest recipient and delivery address before serving this protest: [________________________________].

D. Awardee (if known)

Name: [________________________________]

Address: [________________________________]

III. TIMELINESS OF PROTEST

A. Applicable Deadline

This Protest is timely filed in accordance with the applicable GSS SOPs and protest procedures established under 29 Del. C. Chapter 69.

☐ Pre-award protest filed before the submission deadline or within the prescribed period for challenging solicitation terms.

☐ Post-award protest filed within the deadline established by the applicable protest procedures after the Protester knew or should have known of the facts giving rise to the Protest.

B. Triggering Event

The Protester first knew or should have known of the facts giving rise to this Protest on [__/__/____], when: [________________________________]

C. Type of Protest

☐ Pre-award protest
☐ Post-award protest
☐ Other: [________________________________]

IV. STATEMENT OF RELEVANT FACTS

1. On [__/__/____], the Agency (or GSS on behalf of the Agency) issued the Solicitation for [________________________________].

2. The Solicitation was published on the Delaware Bid Solicitation Directory (https://mmp.delaware.gov/Bids/) on [__/__/____]. Attach or identify the posting and any amendments.

3. The Solicitation established the following evaluation criteria:

   • [________________________________] - [____]%
   • [________________________________] - [____]%
   • [________________________________] - [____]%
   • Price/Cost - [____]%

4. On [__/__/____], the Protester timely submitted its proposal/bid.

5. [________________________________] (additional facts)

6. On [__/__/____], the Agency [announced its intent to award / awarded] the contract to [________________________________] (the "Awardee").

7. On [__/__/____], the Protester [received notification / requested a debriefing / learned of the facts giving rise to this Protest].

8. [________________________________] (additional relevant facts)

V. GROUNDS OF PROTEST

The Protester asserts the following grounds:

Ground 1: [Title]

☐ Evaluation Errors: The Agency's evaluation deviated from the stated evaluation criteria and/or the Delaware Procurement Code.

Factual Basis: [________________________________]

Applicable Authority: 29 Del. C. § 6924 (competitive sealed proposals), if this was a proposal procurement; applicable solicitation provisions: [________________________________].

Ground 2: [Title]

☐ Sealed Bid Award Error: If this was a competitive sealed bidding procurement, the Agency failed to apply the award rule in 29 Del. C. § 6923(c)(2), which calls for an award to the lowest responsive and responsible bidder whose bid materially conforms to the invitation to bid.

Factual Basis: [________________________________]

Ground 3: [Title]

☐ Unequal Treatment of Offerors: The Agency treated bidders/offerors unequally during the procurement process.

Factual Basis: [________________________________]

Ground 4: [Title]

☐ Specification Deficiency: The specifications were unduly restrictive, ambiguous, or drafted to favor a particular vendor.

Factual Basis: [________________________________]

Applicable Authority: The solicitation's specification and evaluation provisions: [________________________________].

Ground 5: [Title]

☐ Procedural Violations: The Agency failed to follow mandatory procurement procedures established by the Delaware Procurement Code or GSS SOPs.

Factual Basis: [________________________________]

Additional Grounds:

☐ Organizational conflict of interest
☐ Improper sole-source or emergency procurement
☐ Failure to comply with minority/women-owned business enterprise requirements
☐ Other violation of the Procurement Code or solicitation (identify provision): [________________________________]
☐ Other: [________________________________]

VI. LEGAL ARGUMENT

A. Delaware Procurement Framework

The Delaware Procurement Code, 29 Del. C. Chapter 69, governs covered state procurements. For competitive sealed bids, § 6923(c)(2) sets the award rule for the lowest responsive and responsible bidder whose bid materially conforms to the invitation. For competitive sealed proposals, § 6924(b)(7) calls for an award to the responsible offeror or offerors whose proposals are most advantageous to the State under the stated evaluation factors. Identify the procurement method used here: [________________________________].

B. Competitive Prejudice

The Protester was competitively prejudiced because: [________________________________]

C. Detailed Legal Analysis

[________________________________]

VII. REQUEST FOR STAY OF AWARD/PERFORMANCE

The Protester requests that GSS / the Agency stay the award or performance of the contract pending resolution of this Protest because:

☐ There is a reasonable likelihood that the Protest will be sustained
☐ The stay will not harm the public interest
☐ The balance of equities favors a stay
☐ Immediate performance is not essential

Supporting Facts: [________________________________]

VIII. REQUESTED REMEDIES

The Protester respectfully requests:

1. ☐ Sustain the Protest;

2. ☐ Stay the award or performance pending resolution;

3. ☐ Direct corrective action, including:

   • ☐ Re-evaluation of proposals/bids
   • ☐ Re-solicitation
   • ☐ Cancellation of the improper award
   • ☐ Award to the Protester
   • ☐ Other: [________________________________]

4. ☐ Award reasonable costs to the extent authorized;

5. ☐ Other relief as the procurement authority deems just and appropriate.

IX. REPRESENTATIONS AND CERTIFICATIONS

9.1 Accuracy. The Protester certifies that the statements herein are true and correct.

9.2 No Pending Actions. No other action concerning this procurement is pending.

9.3 Standing. The Protester is an actual or prospective bidder with a direct economic interest.

9.4 Procurement Representations. The Protester identifies any solicitation certification relevant to this protest and attaches its submitted certification if applicable: [________________________________].

9.5 Good Faith. This Protest is filed in good faith.

X. EXHIBITS

☐ Exhibit A - Solicitation and Amendments
☐ Exhibit B - Protester's Proposal/Bid (Redacted)
☐ Exhibit C - Award Notification
☐ Exhibit D - Debriefing Materials
☐ Exhibit E - Correspondence with Agency/GSS
☐ Exhibit F - Declaration of [________________________________]
☐ Exhibit G - [________________________________]

XI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of this Protest was served on:

GSS / Procurement Official:
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail

Agency Contact:
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail

Awardee (if known):
Name: [________________________________]
Method: ☐ Email ☐ Hand Delivery ☐ Certified Mail

___________________________________
[Name]

XII. SIGNATURE BLOCK

PROTESTER:

[________________________________]

By: ___________________________________

Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

COUNSEL FOR PROTESTER (if represented):

[________________________________]

By: ___________________________________

[________________________________], Esq.
Delaware Bar No. [________________________________]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

DELAWARE-SPECIFIC PROCEDURAL NOTES

• Delaware procurement is primarily administered through Government Support Services (GSS) within the Office of Management and Budget (OMB) under 29 Del. C. Chapter 69.
• Covered agencies must use applicable central contracts under 29 Del. C. § 6911(d), subject to its contract-specific exemption conditions and the Administrator's waiver authority in § 6911(e).
• Protest procedures are established by GSS contracting SOPs. Verify the current applicable protest deadlines and procedures with GSS before filing.
• Under 29 Del. C. § 6907(a), an agency head may waive Chapter 69 requirements for a qualifying emergency or other condition in the agency's best interest, subject to that subsection's limits and recordkeeping. Section 6907(b) separately addresses critical needs for professional services. Section 6904 lists other statutory exceptions; § 6930 concerns agency audit rights.
• Section 10142 is limited by § 10161(a) to case decisions of listed agencies. Identify the review route for the particular procurement decision under the governing procurement law before filing in court.
• A claimed conflict or improper influence must identify the applicable solicitation term, procurement rule, or law and the supporting facts; § 6904 is an exceptions provision, not an ethics rule.

SOURCES AND REFERENCES

1. Delaware Procurement Code, 29 Del. C. Chapter 69
2. 29 Del. C. § 6901 - Purpose of procurement code
3. 29 Del. C. § 6902 - Definitions (covered agencies)
4. 29 Del. C. § 6904 - Exceptions
5. 29 Del. C. § 6911 - GSS authority and responsibilities
6. 29 Del. C. § 6922 - Small purchase procedure
7. 29 Del. C. § 6923(c)(2) - Competitive sealed bidding award rule
8. 29 Del. C. § 6924 - Competitive sealed proposals (most advantageous proposal)
9. 29 Del. C. § 6907 - Emergency procedures and critical need for professional services
10. 29 Del. C. § 6930 - Agency right to audit records
11. 29 Del. C. § 10161 - Scope of Delaware APA case-decision review
12. GSS Contracting Standard Operating Procedures
13. Delaware Bid Solicitation Directory (https://mmp.delaware.gov/Bids/)

This template is designed for use in the State of Delaware under the Delaware Procurement Code, 29 Del. C. Chapter 69. Protest procedures are established by GSS SOPs and may vary. This template should be customized and reviewed by a qualified Delaware attorney before filing. Laws and regulations may change; verify all citations before use.